Florida Senate - 2017                              CS for SB 450
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       
       
       
       
       591-02386-17                                           2017450c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 901.40,
    3         F.S.; providing that the personal identifying
    4         information of an adult who participates in a
    5         prearrest diversion program is exempt from public
    6         record requirements; providing for future review and
    7         repeal of the exemption; providing a statement of
    8         public necessity; providing a contingent effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (6) is added to section 901.40,
   14  Florida Statutes, as created by SB 448, 2017 Regular Session, to
   15  read:
   16         901.40 Prearrest diversion programs.—
   17         (6) PUBLIC RECORDS EXEMPTION.—The personal identifying
   18  information of an adult who participates in a prearrest
   19  diversion program, as encouraged by this section, is exempt from
   20  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   21  This subsection is subject to the Open Government Sunset Review
   22  Act in accordance with s. 119.15 and shall stand repealed on
   23  October 2, 2022, unless reviewed and saved from such repeal
   24  through reenactment by the Legislature.
   25         Section 2. The Legislature finds that it is a public
   26  necessity that the personal identifying information of an adult
   27  who participates in a prearrest diversion program be exempt from
   28  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   29  State Constitution. The goal of such programs is to give a
   30  second chance to adults who commit misdemeanor offenses and
   31  allow them the opportunity to avoid having an arrest record. If
   32  the personal identifying information of such adults were not
   33  exempt from disclosure, it would defeat the program’s goal of
   34  giving adults who commit misdemeanor offenses a means to avoid
   35  the negative consequences of an arrest and prosecution. If such
   36  information were able to be obtained by the public, the
   37  disclosure might negatively impact the effectiveness of the
   38  program. For these reasons, the Legislature finds that it is a
   39  public necessity that the personal identifying information of an
   40  adult who participates in a prearrest diversion program be
   41  exempt from public records requirements.
   42         Section 3. This act shall take effect on the same date that
   43  SB 448 or similar legislation takes effect, if such legislation
   44  is adopted in the same legislative session or an extension
   45  thereof and becomes a law.